2010-01-25 MTG #5
TOWN BOARD MEETING 01-25-2010 MTG. #5 537
99TOWN BOARD MEETING MTG. #5
JANUARY 25, 2010 RES. 80-93
7:00 p.m. BOH 1-2
TOWN BOARD MEMEBERS PRESENT
SUPERVISOR DANIEL STEC
COUNCILMAN ANTHONY METIVIER
COUNCILMAN RONALD MONTESI
COUNCILMAN JOHN STROUGH
COUNCILMAN TIM BREWER
PLEDGE OF ALLEGIANCE LED BY SUPERVISOR DANIEL STEC
PROCLAMATION
WHEREAS, the Queensbury Town Board wishes to recognize local student
athletes for their exceptional performances on the athletic field, and
WHEREAS, the Queensbury High School Girls Cross Country Team won the
Section II Championship thereby wining the right to attend the New York State Public
High School Athletic Association (NYSPHSAA) Championship Meet held at SUNY
Plattsburg, New York on November 14, 2009, and
WHEREAS, the Queensbury High School Girls Cross Country Team competed
with eleven other schools that were ranked as the top teams from their respective sections
of New York State, and the Queensbury High School Girls Cross Country Team beat
Pittsford-Mendon High School to win the New York State Cross County Title, giving the
Spartan Girls Cross Country Team they fourth State Championship and again bringing
victory to the Queensbury Union Free School District and the Town of Queensbury, and
WHEREAS, by winning the New York State Cross Country Title the Queensbury
High School Girls Cross Country Team earned the State’s number one rank, and
therefore is the best Girls Cross Country Team in New York State, and
WHEREAS, Coaches Robert Underwood and Kevin Sullivan and the Queensbury
High School Girls Cross Country Team deserves special recognition of their
accomplishments and the Queensbury Town Board wishes to formally salute and
recognize Coaches Robert Underwood and Kevin Sullivan and the Girls Cross Country
Team consistent of Kirsten Lajoie, Katie Mannix, Colleen Meehl, Morgan Mueller, Jolie
Navatka, Brittney Winslow, Danielle Winslow and Carly Wynn for representing the
Queensbury School District and the Town of Queensbury in such an exemplary manner.
NOW THEREFORE the Queensbury Town Board hereby congratulates Coaches
Robert Underwood, Kevin Sullivan and the entire Queensbury High School Girls Cross
Country Team for its outstanding performance and level of excellence during the 2009
Season and achieving the title of New York State Champions, and further expresses its
sincere appreciation to Coaches Robert Underwood and Kevin Sullivan and the
Queensbury High School Girls Cross Country Team for doing their part in making the
Town of Queensbury a better place to live.
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Given under the seal of the Town of Queensbury this 25 day of January, 2009
(signed by all Board Members) Supervisor Daniel Stec. Councilman Anthony Metivier,
Councilman Ronald Montesi, Councilman John Strough, Councilman Tim Brewer
Supervisor Stec-Ladies and Coaches Congratulations. (Requested the team and their
coaches come to the front of the room) Also awarded the team a slate plaque...
Scott Stewart-Thanked the Town Board for organizing this honor for the team, this is first
time we have won the Cross Country Championship since 2004 it is great to have this
back in Queensbury.
TOWN BOARD MEETING 01-25-2010 MTG. #5 538
Supervisor Stec-Congratulations to the Mom’s and Dads.
RESOLUTION CALLING FOR THE QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 80.2010
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED,
that the Town Board of the Town of Queensbury hereby moves into the
Queensbury Board of Health.
th
Duly adopted this 25 day of January, 2010 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
1.0 BOARD OF HEALTH
RESOLUTION SETTING PUBLIC HEARING ON
SEWAGE DISPOSAL VARIANCE APPLICATION OF
KEVIN ENRIGHT AND DENNIS O’CONNOR
RESOLUTION NO.: 1, 2010 BOH
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board serves as the Town’s Local Board of
Health and is authorized by Town Code Chapter 136 to issue variances from the Town’s
On-Site Sewage Disposal Ordinance, and
WHEREAS, Kevin Enright and Dennis O’Connor have applied to the Local Board
of Health for variances from Chapter 136 to install an absorption bed:
1.18’ from the house instead of the required 20’ setback;
2.80’ from the well instead of the required 100’ setback; and
3.5’ from the property line instead of the required 10’ setback;
on property located at 6 Sullivan Drive in the Town of Queensbury,
TOWN BOARD MEETING 01-25-2010 MTG. #5 539
NOW, THEREFORE, BE IT
RESOLVED, that the Town of Queensbury Local Board of Health will hold a public
nd
hearing on Monday, February 22, 2010 at 7:00 p.m. at the Queensbury Activities Center,
742 Bay Road, Queensbury, to consider Kevin Enright and Dennis O’Connor’s sewage
disposal variance application concerning property located at 6 Sullivan Drive in the Town of
Queensbury (Tax Map No.: 289.9-1-50) and at that time all interested persons will be
heard, and
BE IT FURTHER,
RESOLVED, that the Local Board of Health authorizes and directs the Queensbury
Town Clerk to publish the Notice of Public Hearing presented at this meeting and send a
copy of the Notice to neighbors located within 500 feet of the property as required by law.
th
Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION ADJOURNING QUEENSBURY BOARD OF HEALTH
RESOLUTION NO. 2, 2010
INTRODUCED BY: Mr. Anthony Metivier WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. John Strough
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns is Board of
Health Meeting.
th
Duly adopted this 25 day of January, 2010 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi
TOWN BOARD MEETING
HEARINGS
1.0
Hearing – Yuet Hon and So Ying Ling’s Application for Third
1.0
Variance/Waiver Request from Sanitary Sewer Connection
Requirement Concerning Property Located At 909 State Route 9
Supervisor Stec-We have three hearings tonight they all involve the waiver request from the
sanitary sewer connection on Route 9. There are approximately fifteen or so properties that
TOWN BOARD MEETING 01-25-2010 MTG. #5 540
haven’t either tied in or need a current waiver in place and we have been trying to push the
remaining few to get in here and take care of that business. Some of them are new and I
think one of them is actually a renewal. Is the applicants agent or the applicant here?
Noted that the property is still in the district and pays as though it was connected so there is
no financial burden on the rest of the district, but in a lot of instances the property owner has
identified for a variety of reasons that it is either not desirable or not convenient for them to
tie in quite yet. Eventually we are going to be pushing people to connect.
Mr. John Ellis-My name is John Ellis and we would like to hold off on connecting because
we would like to put it up onto the market and see how that goes.
Supervisor Stec-Depending on who that buyer might be they might want to do something
different there.
Mr. Ellis-Demolish the building who knows?
Councilman Brewer-It is currently on the market and you anticipate?
Mr. Ellis-I believe yes, there is
Councilman Brewer-Are you going to vacate the property?
Mr. Ellis-If somebody buys it.
Councilman Strough-Is this for the Yuet Hon and S Ling property?
Supervisor Stec-This is 909 State Route 9.
Mr. Ellis-That is correct.
Supervisor Stec-You are the owner?
Mr. Ellis-No. I am part of the family.
Supervisor Stec-Any other questions? None Thank you Sir.
RESOLUTION APPROVING YUET HON AND SO YING LING’S
APPLICATION FOR THIRD VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 909 STATE ROUTE 9
RESOLUTION NO.: 81, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
TOWN BOARD MEETING 01-25-2010 MTG. #5 541
WHEREAS, Yuet Hon and So Ying Ling (Applicants) applied to the Town Board
§
for a third variance/waiver from Town Code 136-44 for an extension of the Town’s
connection requirements to connect their Flower Drum Song Chinese Restaurant property
located at 909 State Route 9 to the Town of Queensbury’s Route 9 Sewer District as the
Applicants stated that they wish to sell the building/property, so a future sewer hook-up
might be different if the existing structure is torn down and a new building is in a different
location, as more fully set forth in their application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants
and the Town Board conducted a hearing concerning the variance/waiver request on
th
Monday, January 25, 2010,
NOW, THEREFORE, BE IT
RESOLVED, that
a) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be
materially detrimental to the purposes and objectives of Queensbury Town Code
Chapter 136 and/or adjoining properties or otherwise conflict with the purpose
and objectives of any plan or policy of the Town of Queensbury; and
b) the Town Board finds that the granting of the variance/waiver is reasonable and
would alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Yuet Hon and So Ying Ling’s
§
application for a variance/waiver from Queensbury Town Code Chapter 136, 136-44
“Connection to sewers required” and grants a one year extension of time or until January
th
25, 2011 in which to connect the Applicants’ property located at 909 State Route 9,
Queensbury (Tax Map No.: 296.17-1-38) to the Town of Queensbury’s Route 9 Sewer
[provided that:
District,
1.the Applicants demonstrate that the property’s septic system is being
maintained by providing the Town’s Wastewater Director with an
annual invoice demonstrating that the septic tanks and grease traps
have been pumped and cleaned within the year, and also that the grease
traps are pumped and cleaned at a minimum, once a year; and
2.if there is any increase in septic use or additional bathroom facilities
TOWN BOARD MEETING 01-25-2010 MTG. #5 542
added, then such variance shall immediately terminate unless the
Queensbury Town Board review and approves a new application for a
variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Applicants shall pay all charges due as if its property
]
was connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater
Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of
this Resolution.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
2.2Hearing-Kenneth Ermiger and Michael Seale’s Application For Second
Variance/Waiver Request From Sanitary Sewer Connection Requirement
Concerning Property Located At 719 State Route 9
Supervisor Stec-I assume Mr. Lapper you are representing the property owners?
Attorney John Lapper-I have this one and the next one. Both essentially vacant and for sale
to be redeveloped so it just doesn’t make sense to bring a line in when the intention is to
knock down the buildings.
Supervisor Stec-You are aware that in the future depending on whether or not we are all in
agreement that there is a certainty of the future of the property, we may very well start
pushing property toward connection. At this point it is not a big inconvenience for the
Town but someday it might be and we have not said no to one yet but we are trying to
remind people now that eventually the timr may come where we are going to stop granting
these and push people to make a connection.
Attorney Lapper-There are not a lot of commercial properties in the commercial district that
are available and these two are available so hopefully now when the economy comes around
for commercial they will be redeveloped.
Supervisor Stec-Do the Board Members have anything? None
RESOLUTION APPROVING KENNETH ERMIGER AND MICHAEL
SEALE’S APPLICATION FOR SECOND VARIANCE/WAIVER
REQUEST FROM SANITARY SEWER CONNECTION
TOWN BOARD MEETING 01-25-2010 MTG. #5 543
REQUIREMENT CONCERNING PROPERTY LOCATED AT 719
STATE ROUTE 9
RESOLUTION NO.: 82, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Kenneth Ermiger and Michael Seale (Applicants) applied to the Town
§
Board for a second variance/waiver from Town Code 136-44 for an extension of the
Town’s connection requirements to connect their property located at 719 State Route 9
(formerly a car wash) to the Town of Queensbury’s Route 9 Sewer District as the
Applicants state that the property is vacant, the car wash is not in operation, the property is
being held for redevelopment, and the property is currently served by a properly functioning
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on-site septic system, as set forth in their December 30, 2009 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants
and the Town Board conducted a hearing concerning the variance/waiver request on
th
Monday, January 25, 2010,
NOW, THEREFORE, BE IT
RESOLVED, that
c) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be
materially detrimental to the purposes and objectives of Queensbury Town Code
Chapter 136 and/or adjoining properties or otherwise conflict with the purpose
and objectives of any plan or policy of the Town of Queensbury; and
d) the Town Board finds that the granting of the variance/waiver is reasonable and
would alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
TOWN BOARD MEETING 01-25-2010 MTG. #5 544
RESOLVED, that the Town Board hereby approves Kenneth Ermiger and Michael
§
Seale’s application for a variance/waiver from Queensbury Town Code Chapter 136, 136-
44 “Connection to sewers required” and grants a one year extension of time or until January
th
25, 2011 in which to connect the Applicants’ property located at 719 State Route 9,
Queensbury (Tax Map No.: 296.17-1-42) to the Town of Queensbury’s Route 9 Sewer
[provided that:
District,
3.the Applicants demonstrate that the property’s septic system is being
maintained by providing the Town’s Wastewater Director with an
annual invoice demonstrating that the septic tanks and grease traps
have been pumped and cleaned within the year, and also that the grease
traps are pumped and cleaned at a minimum, once a year; and
4.if there is any increase in septic use or additional bathroom facilities
added, then such variance shall immediately terminate unless the
Queensbury Town Board review and approves a new application for a
variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Applicants shall pay all charges due as if its property
]
was connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater
Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of
this Resolution.
th
Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
Hearing-Frank Parillo’s Application For Variance/Waiver Request From
2.3
Sanitary Sewer Connection Requirement Concerning Property Located at
1011 State Route 9
Supervisor Stec-This is for the property that used to be Jeckle Honda and likewise you said
that it is on the market, it may or may not get reconfigured and redeveloped.
Attorney Lapper-It is a good size piece of property and hopefully..
TOWN BOARD MEETING 01-25-2010 MTG. #5 545
Councilman Brewer-Didn’t Ron Jeckle previously own this or did it change hands in the last
..
Attorney Lapper-Not recently, I think Frank closed on it I would say five or six years ago,
was my best guess.
Councilman Brewer-I thought Ron Jeckle was in here, does he still own the building out
back?
Attorney Lapper-No. Frank bought all of it.
Supervisor Stec-Any other questions or comments from Board Members? None
RESOLUTION APPROVING FRANK PARILLO’S APPLICATION
FOR VARIANCE/WAIVER REQUEST FROM SANITARY SEWER
CONNECTION REQUIREMENT CONCERNING PROPERTY
LOCATED AT 1011 STATE ROUTE 9
RESOLUTION NO.: 83, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, Frank Parillo applied to the Town Board for a variance/waiver from
§
Town Code 136-44 for an extension of the Town’s connection requirements to connect his
property located at 1011 State Route 9 (formerly Jeckel Honda) to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that he plans to redevelop the
property, one of the two buildings on the property is vacant and unused and the other
building is being leased to Bounce Around, Inc., which employs only three people, and the
property’s on-site septic system is in good condition and functioning properly, as set forth in
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his December 30, 2009 letter and application, and
WHEREAS, the Town Clerk’s Office mailed a Notice of Hearing to the Applicants
and the Town Board conducted a hearing concerning the variance/waiver request on
th
Monday, January 25, 2010,
NOW, THEREFORE, BE IT
TOWN BOARD MEETING 01-25-2010 MTG. #5 546
RESOLVED, that
e) due to the nature of the variance/waiver request, the Queensbury Town Board
determines that the temporary granting of the variance/waiver would not be
materially detrimental to the purposes and objectives of Queensbury Town Code
Chapter 136 and/or adjoining properties or otherwise conflict with the purpose
and objectives of any plan or policy of the Town of Queensbury; and
f) the Town Board finds that the granting of the variance/waiver is reasonable and
would alleviate unnecessary hardship on the Applicant; and
BE IT FURTHER,
RESOLVED, that the Town Board hereby approves Frank Parillo’s application for a
§
variance/waiver from Queensbury Town Code Chapter 136, 136-44 “Connection to sewers
th
required” and grants a one year extension of time or until January 25, 2011 in which to
connect the Applicant’s property located at 1011 State Route 9, Queensbury (Tax Map No.:
[provided that:
296.13-1-23) to the Town of Queensbury’s Route 9 Sewer District,
5.the Applicant demonstrates that the property’s septic system is being
maintained by providing the Town’s Wastewater Director with an
annual invoice demonstrating that the septic tanks and grease traps
have been pumped and cleaned within the year, and also that the grease
traps are pumped and cleaned at a minimum, once a year; and
6.if there is any increase in septic use or additional bathroom facilities
added, then such variance shall immediately terminate unless the
Queensbury Town Board review and approves a new application for a
variance/waiver, and
BE IT FURTHER,
RESOLVED, that the Applicant shall pay all charges due as if its property was
]
connected to the Route 9 Sewer District, and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes the Town Supervisor, Wastewater
Director and/or Town Budget Officer to take any actions necessary to effectuate the terms of
this Resolution.
TOWN BOARD MEETING 01-25-2010 MTG. #5 547
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
3.0 PRIVILEGE OF THE FLOOR
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Mrs. Tammy Sullivan-Homer Avenue - On January 19 marked four years since I had the
first flood in my basement, and here I am tonight sitting and my yard is completely
underwater. I need to have this dealt with.
Supervisor Stec-Following the last Board Meeting the Town Board met with our Town
Counsel on this matter, to go over our options, where we currently stand, where some of the
other enforcement items that were outstanding on the property that may or may not be
directly related to the culvert pipe issues. The Town Board directed Town Counsel to
contact Mr. McCall’s attorney again and to come to a meeting of the minds. The property
owner had indicated previously that he did not have the money to move forward with the
original plan. I followed up with our Counsel this morning he had exchanged several voice
messages with their attorney and was trying to pin him down to a commitment. The project
has been designed and ready to go we just need an agreement from the property owner to
move forward with the project.
Ms. Sullivan-What if you don’t get that?
Councilman Metivier-We still have some options…it would be a much more expensive
alternative .. we are trying to think outside the box if we are at a road block and can’t move
any further, there are other options. Our engineer is going to look at these as well just in
case option A is not available to us.
Supervisor Stec-Spoke about forming a district.
Mrs. Sullivan-So I can help pay for it? We are talking another six months, a year two years
three years?
Supervisor Stec-No one would allow us to dig in these conditions we have to wait until a dry
season.
Mrs. Sullivan-I don’t expect they dig right now, but it should have been done a long time
ago.
Councilman Metivier-Every Town Board Member here and the Attorneys are doing
everything possible can for you, everybody is working on this.
Mrs. Sullivan-I hope so and a month from now the Attorneys haven’t spoken …
Councilman Strough-We are committed to getting this fixed this year.
Mrs. Sullivan-I appreciate the effort I do not have anywhere else to go.
Mr. Pliney Tucker-41 Division Road, Queensbury-Where can I get information on our
vehicle insurance? What is the cost of the policy how many cases we have had?
Supervisor Stec-You met with our Accounting Office…suggested contacting the Town
Clerk for the information requested.
Mr. Tucker-You moved a million five hundred thousand out of the dump fund.
Councilman Brewer-We had a million five and moved a million.
TOWN BOARD MEETING 01-25-2010 MTG. #5 548
Supervisor Stec-Somewhere around those numbers.
Mr. Tucker-It went where?
Supervisor Stec-To the Capital Reserve.
Mr. George Winters-4 John Clendon Road-Just so I understand it the plow went thorough
the stop sign. If he ran into my car the town is not going to pay for it?
Supervisor Stec-That is what State law says, when the insurance company denies a claim it
is unlawful, this is an issue for every municipality in the State of New York, it is an old law,
we get one or two of these a year, people say I did not do anything wrong, why doesn’t the
towns insurance cover this? The insurance company gets a claim, they deny it when they
deny a claim it would be illegal an unconstitutional gift of taxpayers money for us to make
that payment when the insurance company denies it. One of the remedies would be for the
State Legislature to amend the law and loosen it up a little bit so that municipalities could be
held responsible. In this case the insurance company to date with the information they have
gotten, apparently, because I have not talked to the insurance company apparently denied
the claim. When they are snow plowing they are considered an emergency vehicle.
Mr. John Salvador-Alexy Lane-I read where the towns appeal of Judge Krogmann’s
October 2008 decision in order to reduce the assessed value of the Harris Bay Yacht Club
by one point five million dollars was recently upheld by the appellate division. Spoke on
how marinas are classified…our assessor failed to qualify the so called marina operations
the Harris Bay Yacht Club as having a special type of ownership…The class code should
have been cooperative waterfront. Town, County and District Taxes such as School, Library
and Fire Taxes which are not paid by the Harris Bay Yacht Club and other miss classified
marinas are paid by the rest of us in town and particularly those of us in North Queensbury.
The property assessments in North Queensbury are in terrible relative condition, we have a
number of class b marinas. A marina is a commercial business; commercial activity in a
waterfront residential zone is not being recognized by our assessor. This Harris Bay Yacht
Club situation I cannot think of a bigger cream puff then dishing up a re-assessment of that
Club from three million to five million that would hardly touch them, those slips are selling
for tens of thousands of dollars a piece and they have over two hundred of them. Something
is wrong and I think the wrong part of it is not recognizing that they are a cooperative. Even
though they are a not for profit corporation the business they do that earns a profit is taxable
that was evaded in this whole thing. Personally I do not think the assessor was expecting a
challenge.
4.0 RESOLUTIONS
RESOLUTION SETTING HEARING ON M.T. ASSOCIATES’S
APPLICATION FOR VARIANCE/WAIVER REQUEST FROM
SANITARY SEWER CONNECTION REQUIREMENT CONCERNING
PROPERTY LOCATED AT 1477 STATE ROUTE 9
RESOLUTION NO.: 84, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
TOWN BOARD MEETING 01-25-2010 MTG. #5 549
WHEREAS, the Queensbury Town Board is authorized by Town Code Chapter 136
§
to issue variances from 136-44 “Connection to sewers required” which requires Town
property owners situated within a sewer district and located within 250’ of a public sanitary
sewer of the sewer district to connect to the public sewer facilities within one (1) year from
the date of notice, and
WHEREAS, M.T. Associates (Applicant) has applied to the Town Board for a
§
variance/waiver from Town Code 136-44 for an extension of the Town’s connection
requirements to connect its property located at 1477 State Route 9 to the Town of
Queensbury’s Route 9 Sewer District as the Applicant states that the property has not been
occupied for approximately five (5) years, the current building will be eventually removed
and replaced with new construction, and the property’s on-site septic tank was pumped out
rd
in December, 2009, as set forth in Applicant’s December 23, 2009 application presented at
this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board will hold a hearing on Monday,
st
February 1, 2010 at 7:00 p.m. at the Queensbury Activities Center, 742 Bay Road,
Queensbury, to consider M.T. Associates’ sewer connection variance/waiver application
concerning its property located at 1477 State Route 9, Queensbury (Tax Map No.: 288.-1-
59), and
BE IT FURTHER,
RESOLVED, that the Town Board authorizes and directs the Queensbury Town
Clerk to send the Notice of Hearing presented at this meeting to the Applicant required by
law.
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Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING PURCHASE OF 2011
INTERNATIONAL DUMP TRUCK FOR USE BY TOWN HIGHWAY
DEPARTMENT
RESOLUTION NO.: 85, 2010
TOWN BOARD MEETING 01-25-2010 MTG. #5 550
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury’s Highway Superintendent has requested
Town Board approval to purchase a 2011 International Single Axel Dump Truck for use by
the Town Highway Department, and
WHEREAS, such proposed vehicle purchase has been budgeted for in the 2010
budget, and
WHEREAS, New York State Bidding is not required as the purchase is under New
York State Contract No.: PC62176,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Highway
Superintendent’s purchase of an International 2011 Single Axel Dump Truck from Navistar,
Inc., in accordance with New York State Contract # PC62176, for an amount not to exceed
$147,830.81 to be paid for from Account No.: 004-5130-2040, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor, Highway Superintendent and/or Budget Officer to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
th
Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING ADOPTION OF FEE SCHEDULE
FOR COPIES REQUESTED TO QUEENSBURY TOWN CLERK’S
OFFICE
RESOLUTION NO.: 86, 2010
INTRODUCED BY: Mr. Anthony Metivier
TOWN BOARD MEETING 01-25-2010 MTG. #5 551
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, the Queensbury Town Clerk has requested Town Board authorization
of adoption of a fee schedule setting forth fees for copies requested to the Town Clerk’s
Office, and
WHEREAS, a copy of the proposed new fee schedule has been presented at this
meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes adoption of the
fee schedule for copies requested to the Queensbury Town Clerk’s Office substantially in
the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that such fee schedule shall take effect immediately, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Clerk
and Town Budget Officer to take any and all action necessary to effectuate the fee schedule
and all terms of this Resolution.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
FEE SCHEDULE
Per copy
Up to 9” X 14” .25 cents
11” X 17” .30 cents
18” X 24” $ 2.00
24” X 36” $ 4.00
36” X 42” $ 6.00
TOWN BOARD MEETING 01-25-2010 MTG. #5 552
RESOLUTION AUTHORIZING ADVERTISEMENT OF BIDS
FOR PURCHASE OF MICROSOFT OFFICE 2007 PROFESSIONAL
PLUS – LICENSES & SOFTWARE ASSURANCE
RESOLUTION NO.: 87, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury’s I.T. Coordinator wishes to advertise for
bids for the purchase of one-hundred (100) Microsoft Office 2007 Professional Plus
Licenses and Software Assurance in accordance with bid specifications on file with the
Town’s Purchasing Agent, and
WHEREAS, General Municipal Law §103 requires that the Town advertise for bids
and award the bids to the lowest responsible bidder(s) meeting New York State statutory
requirements and the requirements set forth in the Town’s bidding documents,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Purchasing Agent to publish an advertisement for bids for the purchase of one-
hundred (100) Microsoft Office 2007 Professional Plus Licenses and Software Assurance in
the official newspaper for the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Purchasing
Agent to open all bids received, read the same aloud and record the bids as is customarily
done and present the bids to the next regular or special meeting of the Town Board.
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Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
RESOLUTION TO AMEND 2009 BUDGET
TOWN BOARD MEETING 01-25-2010 MTG. #5 553
RESOLUTION NO.: 88, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the following Budget Amendment Requests have been duly initiated
and justified and are deemed compliant with Town operating procedures and accounting
practices by the Town Budget Officer,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
Town’s Accounting Office to take all action necessary to amend the 2009 Town Budget
as follows:
From To
Code Appropriation Code Appropriation $
001-8010-4090 Training & Ed 001-3620-4110 Fuel 217
001-8020-4400 Misc. Contractual 001-3410-4110 Fuel 167
001-8020-4800 Equipment Repair 001-3510-4760 Vet Services 836
001-9060-8060 Health Insurance 001-1010-4400 TB Contractual 1,930
001-9060-8060 Health Insurance 001-1110-1010 Wages 4,020
001-9060-8060 Health Insurance 001-1315-1010 Wages 7,410
001-9060-8060 Health Insurance 001-1330-1010 Wages 4,130
001-9060-8060 Health Insurance 001-1345-1010 Wages 130
001-9060-8060 Health Insurance 001-1355-1010 Wages 1,640
001-9060-8060 Health Insurance 001-1410-1010 Wages 8,220
001-9060-8060 Health Insurance 001-1420-1010 Wages 2,700
001-9060-8060 Health Insurance 001-1460-1010 Wages 1,100
001-9060-8060 Health Insurance 001-1620-1010 Wages 9,925
001-9060-8060 Health Insurance 001-1670-1010 Wages 900
001-9060-8060 Health Insurance 001-1680-1020 Wages O/T 530
001-9060-8060 Health Insurance 001-3410-1010 Wages 2,700
001-9060-8060 Health Insurance 001-3510-1010 Wages 140
001-9060-8060 Health Insurance 001-3620-1010 Wages 4,690
001-9060-8060 Health Insurance 001-7110-1010 Wages 18,000
001-9060-8060 Health Insurance 001-7510-1010 Wages 240
001-9060-8060 Health Insurance 001-7620-1010 Wages 655
001-9060-8060 Health Insurance 001-8020-1010 Wages 1,940
001-8810-4500 Heating Fuel 002-8810-1010 Wages 3,000
002-8810-4410 Fuel 002-8810-1010 Wages 2,000
002-8810-4130 Town Counsel Ret 002-8810-1010 Wages 1,225
009-8160-4447 Burnables 009-8160-1010 Wages 2,875
032-8120-4800 Equipment Repair 032-8110-1010 Wages 2,805
032-8120-4300 Electricity 032-8120-1010 Wages 190
032-9010-8010 Retirement 032-9030-8032 Social Security 503
040-9010-8010 Retirement 040-8310-1010 Wages 4,300
040-8330-4271 Chemicals 040-8330-1010 Wages 1,700
040-8340-4300 Electricity 040-8340-1010 Wages 8,750
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Duly adopted this 25 day of January, 2010, by the following vote:
TOWN BOARD MEETING 01-25-2010 MTG. #5 554
AYES : Mr. Stec, Mr. Metivier, Mr. Strough, Mr. Brewer
NOES : None
ABSENT: Mr. Montesi
RESOLUTION APPROVING EXIT 20 CORRIDOR MANAGEMENT
PLAN SEPTEMBER 2009 FINAL REPORT
RESOLUTION NO.: 89, 2010
INTRODUCED BY: Mr. John Strough
WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Tim Brewer
WHEREAS, at the request of the Town of Queensbury in 2008, the
Adirondack/Glens Falls Transportation Council (A/GFTC), initiated a study of the Route 9
Corridor from Round Pond Road to ¼ mile north of Route 149 (Project), and
WHEREAS, A/GFTC and the Project consultants held public meetings on
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September 4, 2008, February 11, 2009 and July 1, 2009 to gather public comments on
the Project to present draft findings, and
WHEREAS, the Queensbury Town Board has reviewed the September 2009 Final
Report,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Exit 20
Corridor Management Plan September 2009 Final Report prepared by the consultants and
presented at this meeting, as the Town Board feels that such Study adequately and positively
sets forth recommendations for transportation system improvements to the study area that
benefits the public, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Senior Planner to execute any other documents and take such other and
further action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 25 day of January, 2010, by the following vote:
TOWN BOARD MEETING 01-25-2010 MTG. #5 555
AYES : Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES : None
ABSENT: Mr. Montesi
Supervisor Stec-Noted that the Exit 18 Main Street Project will start the first week in
February…it should take a little less than two years to complete.
RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER
PLANNING & DEVELOPMENT, INC. TO PROVIDE ASSISTANCE
WITH AN APPLICATION FOR FUNDS– NEW YORK STATE
DIVISION OF HOUSING AND COMMUNITY RENEWAL
RESOLUTION NO.: 90, 2010
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Town of Queensbury wishes to apply for HOME funds through
the New York State Division of Housing and Community Renewal (DHCR), for the
purposes of continuing the Town single family housing rehabilitation program, and
WHEREAS, the Town’s Department of Community Development (Department)
has informed the Town Board that it will need assistance to complete the funding
application, and
WHEREAS, the Senior Planner of the Department has recommended that the
Town engage the services of Shelter Planning & Development, Inc., to provide such
assistance as outlined in their proposal to the Town dated January 6, 2010, and
WHEREAS, the Senior Planner of the Department has recommended that the
Town engage the services of Shelter Planning & Development, Inc., to expend an amount
up to $6,000 for the development and submission of a HOME grant application, to be
paid from the appropriate account, and
WHEREAS, the Senior Planner of the Department has recommended that the
Town engage the services of Shelter Planning & Development, Inc., to develop and
submit a grant application through the New York State Division of Housing and
Community Renewal for a grant, due March 18, 2010,
NOW, THEREFORE, BE IT
TOWN BOARD MEETING 01-25-2010 MTG. #5 556
RESOLVED, that the Queensbury Town Board hereby authorizes and directs the
engagement of Shelter Planning & Development, Inc., to provide community
development strategy and grant application assistance for the purpose of putting together
a complete HOME grant application, and
BE IT FURTHER,
RESOLVED, that a payment not to exceed $6,000 shall be paid from Consultant
Services Account No.: 8020-4720, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor to sign any documentation and agreements in form approved by Town
Counsel and the Community Development Department to take such other and further
action as may be necessary to effectuate the terms of this Resolution.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES: Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES: None
ABSENT: Mr. Montesi
RESOLUTION APPROVING AUDIT OF BILLS – WARRANT OF
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JANUARY 26, 2010
RESOLUTION NO.: 91, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Tim Brewer
WHEREAS, the Queensbury Town Board wishes to approve an audit of bills
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presented as a Warrant with a run date of January 21, 2010 and payment date of January
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26, 2010,
NOW, THEREFORE, BE IT
TOWN BOARD MEETING 01-25-2010 MTG. #5 557
RESOLVED, that the Queensbury Town Board hereby approves the Warrant with
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the run date of January 21, 2010 and payment date of January 26, 2010 totaling
$448,597.12, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town
Supervisor and/or Town Budget Officer to take such other and further action as may be
necessary to effectuate the terms of this Resolution.
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Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Metivier
NOES : None
ABSENT: Mr. Montesi
RESOLUTION AUTHORIZING VERIZON TO PERFORM WORK
RELATED TO MAIN STREET UTILITIES RELOCATION PROJECT
RESOLUTION NO.: 92, 2010
INTRODUCED BY: Mr. Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. John Strough
WHEREAS, the Queensbury Town Board (Town) is the duly elected governing
body of the Town of Queensbury, and
WHEREAS, Main Street is a narrow public highway in the Town, and
WHEREAS, the County of Warren (County) has undertaken a project to widen the
bounds of Main Street and improve the esthetics and safety of this main corridor within the
Town, and
WHEREAS, a number of utility facilities are located above-ground along the bounds
of Main Street which create an unsafe and esthetically unpleasing environment, and
TOWN BOARD MEETING 01-25-2010 MTG. #5 558
WHEREAS, the Town wishes to alleviate the visual confusion and visual impacts
and improve the safety of the public along Main Street relating to above-ground utilities,
and
WHEREAS, certain utility work is expected to be completed as part of the County’s
Main Street Project, and
WHEREAS, utilities are required to be relocated underground along Main Street in
conjunction with the County’s Main Street Project, and
WHEREAS, in accordance with New York State Town Law, the Town may
condemn privately owned property within the limits of the Town for a public purpose
pursuant to the powers of eminent domain, and
WHEREAS, the Town was granted, or obtained through the procedures of the New
York State Eminent Domain Procedure Law, easements on a number of properties adjacent
to Main Street for the placement of utilities, including municipal sewer, municipal water,
and public utilities underground and/or above-ground, and
WHEREAS, the Town has required National Grid, Verizon New York Inc., and
Time Warner Cable, to place utility infrastructure underground within the Town’s
easement area and under certain Town roads that intersect with Main Street, and
WHEREAS, by Resolution 401,2009, the Town Board authorized the Main Street
Project including the authorization of the portions of the Project relating to National Grid,
Verizon and Time Warner, and
WHEREAS, by letter dated January 13, 2010, Verizon has submitted its cost
estimate to relocate poles and Verizon aerial facilities to the underground structure along
Corinth Road from Exit 18 of the Northway to the Glens Falls city limits to facilitate new
highway, such cost estimate in the amount of $489,828, and
WHEREAS, in accordance with New York State Regulation 16 NYCRR Part
602.5(b), the Town Board must select one of two billing options prior to Verizon
proceeding with such work, such options being either a binding estimate or on an actual
cost basis, and such billing option decision is then irrevocable, and
WHEREAS, the binding estimate in such letter is consistent with the estimated
costs of this portion of the Project authorized, and a higher cost is not currently
authorized in such Resolution, and
TOWN BOARD MEETING 01-25-2010 MTG. #5 559
WHEREAS, the Town Board wishes to authorize such work and cost estimate
and wishes to choose the binding estimate consistent with the prior Town Board
Resolution,
NOW, THEREFORE, BE IT
RESOLVED, the Queensbury Town Board hereby authorizes Verizon to perform
the work set forth in its letter to the Town of Queensbury dated January 13, 2010 and as
referenced in the preambles of this Resolution in connection with the Main Street Utilities
Relocation Project, such work to cost $489,828 and to be billed on the binding estimate
basis detailed therein, and
BE IT FURTHER
RESOLVED, that the Town Board further authorizes and directs the Town
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Supervisor to sign Verizon’s January 13, 2010 letter and the Town Supervisor, Town Clerk
and Town Counsel to take any actions necessary to effectuate this Resolution.
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Duly adopted this 25 day of January, 2010, by the following vote:
AYES : Mr. Brewer, Mr. Stec, Mr. Metivier, Mr. Strough
NOES : None
ABSENT: Mr. Montesi
5.0CORRESPONDENCE
5.1Community Development-Building and Codes Office-Report for
December 2009 and the yearly report for 2009
6.0TOWN BOARD DISCUSSIONS
WARD 1 COUNCILMAN ANTHONY METIVIER
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Received a letter from the Lake George Waterkeeper-Lake George fact sheets which
provides information on major water quality issues as well as other
information…these can be found on the web www.fundforlakegeorge.org and
www.lakegeorgewaterkeeper.org or at the fund waterkeeper office in Lake
George…these fact sheets cover everything from rain gardens to shore line buffers,
stream buffers, onsite wastewater and treatment system maintenance and design,
regulations and system enhanced systems, list of local haulers, fertilizers, pesticides,
dead zones, salt pollution, declining water clarity and algae blooms…these are very
well done so I encourage people to go onto either of those sites to print out the fact
sheets in the hopes to protect the water quality of Lake George.
WARD III COUNCILMAN JOHN STROUGH
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Noted in the Vehicle Law of New York Section 1660-A Traffic regulations in
Parking Areas and Driveways, of Hospitals, Shopping Centers, Office Buildings,
Office Building Complexes, places of public assembly, private apartment
TOWN BOARD MEETING 01-25-2010 MTG. #5 560
complexes, fire stations, private condominiums complexes, mobile home parks,
manufactured home parks, industrial parks, industrial complexes, and it goes on, the
point here is, I asked a State Policeman can you enforce these stop signs, yield signs
in shopping plazas if the Town Board never approved them and he said no. The
Town Board must approve them first. Supervisor Stec-Questioned what level of
involvement, liability are we buying ourselves into if we get into that business.
Town Counsel – They are only going to enforce stop signs that are municipality
approved. Councilman Strough-If the Planning Board has allocated that, that is the
best way for traffic flow and pedestrian safety and it is not enforceable?
Councilman Brewer-I cannot recall in the ten years that I was on the Planning Board
that we ever asked any applicant to put a stop sign in their parking lot. Councilman
Strough-Home Depot we did. Here is the question, should we be considering this?
Town Counsel-If you are talking about a stop sign before private property comes
onto a municipal road then I think it is enforceable, you cannot just pull out into a
municipal road. If it is within private property it would be a matter for the Town
Board if they are having problems … Supervisor Stec-Can we add stop signs after
it has been long approved by the Planning Board? Town Counsel-Short answer is
yes. Councilman Strough-I just want you to know about the issue.
WARD IV COUNCILMAN TIM BREWER
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Like to have our Building and Codes Director take a ride out to the property
formerly the Holiday Inn Exit 19 and give us a report on the safety of that building.
It is an eye sore to the Town of Queensbury. Requested that they report back in a
couple of weeks. Supervisor Stec-We will send someone out to determine what the
situation is.
SUPERVISOR DANIEL STEC
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Thanked the sponsors and TV8 for televising our Town Board Meetings.
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Our website is www.queensbury.net Ryan Lashway our IT Coordinator is working
on an upgrade of our website…
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Receiver’s Office has been very busy this month, everything is going smoothly.
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Spoke on the Staff Meeting…one thing came up at the meeting is workplace
violence…the Town will stand by our employees and make sure we do not tolerate
violence against our employees we stand by our employees safety…spoke on the
new Workplace Violence Policy…
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Thanked our Animal Control Officer for all the work he does on behalf of the Town.
RESOLUTION ADJOURNING TOWN BOARD MEETING
RESOLUTION NO. 93.2010
INTRODUCED BY: Mr. Tim Brewer WHO MOVED FOR ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
RESOLVED,
that the Town Board of the Town of Queensbury hereby adjourns its Town
Board Meeting of January 25, 2010.
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Duly adopted this 25 day of January, 2010 by the following vote:
AYES: Mr. Metivier, Mr. Strough, Mr. Brewer, Mr. Stec
NOES: None
ABSENT: Mr. Montesi
Respectfully submitted,
Miss Darleen M. Dougher
Town Clerk-Queensbury